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WIRTZ v. FERGUSON

No. 19512.

317 F.2d 343 (1963)

W. Willard WIRTZ, Secretary of Labor, United States Department of Labor, Appellant, v. Elwyn H. FERGUSON, doing business as Elwyn Ferguson Roofing Company, Appellee.

United States Court of Appeals Fifth Circuit.

On Rehearing April 19, 1963.

Attorney(s) appearing for the Case

Morton Liftin, Asst. Sol., of Labor, Beate Bloch, Atty., Dept. of Labor, Charles Donahue, Sol. of Labor, Jacob I. Karro, Acting Asst. Sol. of Labor, Beverley R. Worrell, Regional Atty., Dept. of Labor, Washington, D. C., for appellant.

Wm. R. Frazier, Hill & Frazier, James P. Hill, Jacksonville, Fla., for appellee.

Before RIVES, CAMERON and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

This case presents, in the words of Mr. Justice Frankfurter,1 "a nice question concerning the scope of the Fair Labor Standards Act, as amended." 29 U.S. C.A. § 201 et seq. Appellant2 instituted suit in the District Court seeking to enjoin appellee from violating the rate, overtime and record keeping provisions of the Act. 29 U.S.C.A. §§ 206, 207 and 211. Appellee...

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